Welcome to the DEMO Digital Box Set you have just purchased from Cirkay.
As a Cirkay Member your use of the DEMO Digital Box Set is subject to
the Cirkay User Terms here.
These additional terms and conditions (Special Terms) also apply to your use of the DEMO Digital Box Set and are supplemental to, and should be read in
conjunction with, the Cirkay User Terms (defined terms in which are also used here).
In the event of any conflict between these Special Terms and the Cirkay User Terms, these
Special Terms shall control to the extent of the conflict.
You acknowledge and agree that ownership of the DEMO Digital Box Set is
imparted exclusively by the Eluv.io blockchain and Eluv.io’s proprietary content fabric
until you are permitted to and the Service facilitates its transfer to another platform
The Eluv.io blockchain and Eluv.io’s proprietary content fabric are exclusively owned
and operated by Eluv.io and accordingly Cirkay makes no representations or promises that you
will at any time be able to do so, or that we may have any ability to deal with such
ownership in any way.
— The DEMO Digital Box Set is a Cirkay Fan Pass or “CFP” and
incorporates the limited user licence specified by section B below in respect of the
associated creator content made available through its use (however integrated within
that CFP) and via the Cirkay Service or any other means of storage including a
distributed file storage system, or that may otherwise be associated with an NFT (and as
may be determined by Eluv.io in any case).
— Proprietary Rights and Ownership: you acknowledge and agree that your “Licence”
to use this CFP is only as a collectible for personal entertainment purposes. Provided
always that you continue to comply with these Special Terms, the Cirkay User Terms and
any applicable Eluv.io terms and conditions, Cirkay grants to you, for as long as you
own them, a worldwide, revocable, non-exclusive, non-transferable (except as
specifically provided below in section C below), royalty-free licence to use, copy, and
display the CFP associated creator content exclusively for; (i) your own personal,
non-commercial use; and (ii) as part of a marketplace that permits the purchase and sale
of your CFP or as part of a third-party website or application that permits the
inclusion, involvement, or participation of your CFP, provided always in either case
that the marketplace cryptographically verifies each similarly licensed NFT owner’s
rights to display the associated/integrated creator content to ensure only the actual
owner can display that creator content. With respect to this CFP associated with DEMO the License includes a license to [ stream audio from
DEMO from a the Cirkay/Eluvio. The creator content is © Universal Music Operations
Ltd. Of behalf of Fiction Records and may be modified at any time.
— Where made available and enabled by the Cirkay Service, you will under the
Licence have the ability to transfer this CFP; provided always that (i) your CFP has not
been terminated and you have complied with these Special Terms, the Cirkay User Terms
and any applicable Eluv.io terms and conditions and that the transferee accepts all such
terms and conditions; and (ii) your sale of this CFP incorporates any embedded
commercial terms and conditions (such as by way of example only, royalties) and these
are adhered to.
— The Licence granted in section B above applies only for the period during which
you continue to own this CFP. If at any time you gift, donate, sell, transfer or
otherwise dispose of your CFP for any reason, the Licence will immediately terminate in
respect of that CFP and the CFP’s associated creator content without any notice being
provided to you and you will have no further rights in or to the CFP and its associated
— Your material breach of the Cirkay User Terms (in respect of any restrictions on
permitted use or otherwise) will entitle us to suspend or terminate your Member account
and this CFP (and any other of your CFP’s) as we may choose, or to delete or
disassociate any creator content associated with your CFP, in any event without notice
or liability to you and without limiting any other rights or remedies that may be
available to us. We may also restrict in any way we choose, features and services of the
Service or restrict your access to all or any part of the Service without notice to you
and without liability to you for any such restrictions. In addition to the foregoing, if
we reasonably believe that you are engaged in any of the restrictions on permitted use
set out in the Cirkay User Terms we remain at any time entitled to cancel or reverse any
transaction that took place via or as the result of such activities, and/or to seize any
CFP’s (or any other NFT’s or similar) purchased or acquired as the result of such
activities, without notice or liability to you.
— Restrictions on Use of NFTs: You agree that you are prohibited from doing or
attempting to do (or permitting any third party to do or attempting to do) any of the
following; (i) modifying any CFP (or similar NFT) or associated creator content (or any
part thereof) in any way (ii) using any CFP (or similar NFT) or associated creator
content (or any part thereof) to advertise, market, or sell any product or service or
engage in any commercial activity; (iii) using any CFP (or similar NFT) or associated
creator content (or any part thereof) in connection with any form of media that breaches
any applicable laws and regulations or otherwise infringes any third party owned
intellectual property or like proprietary rights; (iv) using any CFP (or similar NFT) or
associated creator content (or any part thereof) in any audio-visual content or other
form(s) of media for any purpose other than your own personal and non-commercial use;
(v) distributing or selling in any way for commercial benefit (including, without
limitation, free transfer with any expectation of future commercial benefit), or
otherwise commercialising any item, product or merchandise that includes, contains, or
comprises of any CFP (or similar NFT) or associated creator content (or any part
thereof); (vi) attempting to acquire, assert or register ownership of any intellectual
property or like proprietary right not addresses under these Special Terms provided
herein or of any CFP (or similar NFT) or associated creator content (or any part
thereof); or (vii) otherwise using creator content or any part thereof from any CFP (or
similar NFT) for any commercial benefit.
— To the extent that any CFP (or similar NFT) or associated creator content (or any
part thereof) comprises the intellectual property or like proprietary rights of any
third party, you acknowledge and agree that: (i) you will have no rights to use such
third party intellectual property or like proprietary rights in any way except as
incorporated into any creator content associated with any CFP (or similar NFT) and
subject to these Special Terms and the license and restrictions set out above; (ii) such
third party intellectual property or like proprietary rights may be subject to
applicable licensing terms and conditions of the third party that Cirkay may be required
to pass through to you in the form of additional terms and conditions and restrictions
on your rights to use the applicable creator content; and (iii) where Cirkay notifies
you of such applicable licensing terms and conditions in written form whether
electronically or otherwise, you will at all times remain responsible for complying with
all of them from the date of such notification, and any failure by you to do so
constitutes a breach of these Special Terms.
— Termination: The rights licensed to you under these Special Terms shall
immediately terminate and revert to us if at any time: (i) you breach these Special
Terms (or the Cirkay User Terms), or (ii) you gift, sell, transfer or otherwise dispose
of any CFP (or similar NFT) in a manner not compliant with these Special Terms or (iii)
you use the CFP (or similar NFT) or associated creator content (or any part thereof) in
breach of any applicable law or regulation or the intellectual property or like
proprietary rights of third parties.
— Changes to this Agreement: We may vary these Special Terms from time to time.
When we do so we will make the updated Special Terms to you at this or another location
and update the date on the Special Terms accordingly. You acknowledge and agree that it
remains at all times your responsibility to check periodically for such updates. Any
changes to these Special Terms will apply on the date that they are made. Your continued
access or use of the CFP (or similar NFT) and/or associated creator content (or any part
thereof) following any changes to these Special Terms will constitute your binding
acceptance of such changes.